not as Prize. (t) And in connection with contracts, are Suits between Part-owners of Ships, as to obtain security on a ship's being sent on a voyage without consent; (u) or for Mariner's Wages, (r) or for Pilotage, (y) or on Bottomry Bonds, (2) or relating to Salvage (a) or Wreck. (b) The distinctions between the jurisdiction of the Admiralty ourt and the Prize Court are also enumerated. When it is considered that the reports alluded to are the decisions of such distinguished Judges as Lord Stowell, Sir John Nicholl, Sir Christopher Robinson, and Dr. Lushington, &c., it will be anticipated that they are of the highest value. Some forms of proceedings in this Court are stated in the notes as calculated to illustrate the context. formation rela clesiastical With the view of assuring myself that I have collected Sources of ina correct account of the jurisdiction and present prac- tive to the Ectice of the Ecclesiastical and Admiralty Courts, I have Courts and Admyself as it were become a student and pupil in those miralty Courts. departments, and resorted to the various offices for information and for forms, and I have, with the liberal and able assistance of some of the eminent Practitioners in those Courts, been enabled to state their usual proceedings, at present too little known to Common Law and Equity Practitioners, (c) who consequently frequently adopt remedies in the Courts, where they practise, when they might have proceeded with much more advantage to their Clients in an Ecclesiastical Court, or in that of Admiralty. I have (t) Post, 517. (u) Id. (x) Post, 520; and see form of affidavit and warrant to arrest ship, and of libel for wages, &c. 533, note (g). (y) Post, 526, (z) Id. (c) See in particular the observation of Dr. Haggard in Cassel v. Robarts, 3 Hagg. Ec. Ca. 161, note (g), and post, 499. Sect. 12, The Sect. 13, The Courts of Bankruptcy. been assured by the most eminent Proctors, that very frequently they experience the greatest difficulties in endeavouring to avoid fatal mistakes in their proceedings, in consequence of attornies and solicitors, in other respects skilful, being utterly ignorant even of the most ordinary proceedings in the Ecclesiastical and Admiralty Courts, and they consider that a recurrence of such consequences may be avoided by the publication of a work, giving an outline of such proceedings; and I am induced to hope that a perusal of the Sections X. and XI., being from pages 454 to 540, will enable even suitors themselves to anticipate and avoid any future difficulty. The twelfth section concisely states the jurisdiction of the Prize Court as distinguishable from the Admiralty. In the thirteenth section will be found a summary of the present practice in Bankruptcy, as altered by 1 & 2 W. 4, c. 56, and subsequent act and rules thereon, which created and regulate "The Court of Bankruptcy," comprizing under that term the Court of each of the Six London Commissioners; the two Subdivision Courts, each before three of such Commissioners; and the Court of Review, with its four, or at present only three Judges, (having power to try disputed facts by a jury,) with an appeal to the Chancellor, and from him or sometimes direct from the Court of Review to the House of Lords. A practical analysis of these recent acts and rules, and a statement of the usual course of proceeding may not be unacceptable even to those who may not practise in either Court; and a creditor of a bankrupt will in this section find his course of proceeding, either to obtain a fiat or to prove a debt, fully described. Courts of Error 1. Exchequer 2. Judicial Lords. Every Practitioner has experienced considerable dif- Sect. 14, The ficulty in stating or pursuing the practice in Error and and Appeal. upon Appeals, the former from judgments of Courts of Chamber. Law, the latter usually from decrees and proceedings of Committee of Privy Council. a Court of Equity, or of an Equitable nature, and there- 3. House of fore the fourteenth section contains a compact examination of the jurisdiction of the Courts of Error and Appeal; first, of the Exchequer Chamber: secondly, of the Privy Council, and the Judicial Committee thereof: and, thirdly, of the House of Lords, whether on Writs of Error or Appeal from Courts of Law or Equity in England, Scotland or Ireland. I repeat that I consider these subjects constitute what may be properly dignified with the appellation of "The Science of Practice," important to be known to all Private Gentlemen as well as Lawyers, so as to enable them to secure the best remedy in almost every possible case that can arise. The rest of the Practice (to be considered in the concluding part) relates to the Writ, Declaration, Pleadings thereon, Evidence, Brief, Trial, Judgment and Execution at Law; and in Equity, to the Bill, Subpoena to answer, the Answer, Affidavits, Motions, Hearing, Decree, and Proceedings to enforce the same; and the full Practice in all the other Courts; which, though of considerable interest to every professional person concerned, are nevertheless of less real importance, at least to the community at large. That part, with a practical detail, and improved forms, will be published immediately the result of the bill for modifying the law of arrest has been ascertained. J. CHITTY. Chambers, 6, Chancery Lane, 10th October, 1834. TABLE OF CONTENTS OF VOL. II. PART IV. CHAPTER V. JURISDICTIONS OF THE SUPERIOR COURTS OF LAW, EQUITY, ECCLESIASTICAL, ADMIRALTY, PRIZE, AND BANKRUPTCY, AND THE COURTS OF ERROR OR APPEAL, AND WHICH COURT IS PREFERABLE.... ... Pages 301 to 604. Page. SECT. I. Jurisdiction of Courts in general. Division of, into those of 304 ib. Attempts of each Court formerly to extend its jurisdiction.... 307 Court of Prize.... Court of Bankruptcy 538 540 Courts of Error from judgment of Superior Courts of Law The Privy Council and Judicial Committee thereof 309 The House of Lords ib. The principal distinctions between the Jurisdictions of all these 310 SECT. II. Jurisdiction and Practice of Courts of Law at Westminster in general .... 311 Outline of jurisdiction of each Court. ib. Outline of jurisdiction of each Court, whether formal or sum- .. 314 Exceptions as to Officers and Attornies, &c. of each particular Alterations and extension of jurisdiction of Courts of Law by 319 The several circumstances influencing the option to sue in a 320 VOL. II. b |